| US CODE COLLECTION |
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§ 107. Limitations on exclusive rights: Fair use
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| Release date: 2004-04-30 |
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Notwithstanding the provisions of sections 106
and 106A,
the fair use of a copyrighted work, including such use by reproduction
in copies or phonorecords or by any other means specified by that
section, for purposes such as criticism, comment, news reporting,
teaching (including multiple copies for classroom use), scholarship,
or research, is not an infringement of copyright. In determining
whether the use made of a work in any particular case is a fair use
the factors to be considered shall include—
(1) the
purpose and character of the use, including whether such use is of a
commercial nature or is for nonprofit educational purposes;
(3) the
amount and substantiality of the portion used in relation to the
copyrighted work as a whole; and
The fact that a work is unpublished shall not itself bar a finding of
fair use if such finding is made upon consideration of all the above
factors.
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